January 14, 2024

Jack Smith Appointment Unconstitutional, Legal Scholars Argue

Uh-oh, Jack Smith just received some VERY bad news from a group of American legal scholars, and it might result in Jack Smith's ULTIMATE nightmare coming true.

He can't prosecute Trump.

According to former Attorney General Edwin Meese and law professors Steven Calabresi and Gary Lawson, "there’s no constitutional or statutory authority for Attorney General Merrick Garland‘s appointment of Mr. Smith to conduct the high-level criminal investigation of Mr. Trump because he was a private citizen and not confirmed by the Senate."

That's quite an accusation and not one that Meese, Calabresi, and Lawson made lightly.

They were passionate enough about the topic to submit a whopping 25-page filing to the Supreme Court on the issue.

Smith had previously worked as U.S. Attorney, but at the time of his appointment in November of 2022, he had been living in the Netherlands.

According to the filing, "a lawfully appointed special counsel would have had to serve in the Justice Department after being appointed by the president and confirmed by the Senate."

Jack Smith went through none of that chronology.

As a result, the three legal experts say that it is illegal for Jack Smith to try to persecute Donald Trump.

"What federal statutes and the Constitution do not allow, however, is for the Attorney General to appoint a private citizen, who has never been confirmed by the Senate, as a substitute United States Attorney under the title ‘Special Counsel.’ That is what happened on November 18, 2022. That appointment was unlawful, as are all the legal actions that have flowed from it," they wrote.

Do you think that anything about Trump's case will change because of this filing?

Is Smith's prosecution of Trump really invalid?

Let us know your opinions on this article by telling us what you think in the comments section below.

To read more about this story, please click here.

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